Articles Posted in Alimony

Published on: | by

Under Florida law, issues related to the enforcement of temporary support orders during divorce proceedings must adhere to the principles of finality and jurisdiction. Courts must carefully navigate procedural rules to ensure compliance with interlocutory and final judgments, avoiding errors that could render orders unenforceable. The importance of correctly applying the merger doctrine and procedural rules in family law cases was illustrated in a recent Florida divorce action. If you are involved in a divorce or support enforcement matter, consulting a Miami family law attorney can help protect your rights and ensure compliance with the law.

Facts of the Case and Procedural Setting

It is reported that the husband and wife divorced. The trial court subsequently issued temporary support orders requiring the husband to pay monthly expenses for the wife and their minor child. When the husband failed to comply, the court entered multiple contempt orders and money judgments. After the partial final judgment was entered, the husband moved to vacate the prior support and enforcement orders, arguing they were extinguished by the merger doctrine. The trial court agreed, holding that the temporary support orders merged into the partial final judgment and became unenforceable. The wife then appealed.

The Merger Doctrine in Family Law Cases

On appeal, the wife argued that the trial court erred by applying the merger doctrine to extinguish the temporary support orders and judgments, as the partial final judgment explicitly reserved jurisdiction over support and financial matters. The court agreed with the wife, holding that the merger doctrine did not apply to the unresolved issues of support and enforcement. Continue reading ›

Published on: | by

Under Florida law, courts determining alimony modifications must assess whether substantial changes in circumstances justify altering prior agreements. Courts are required to base their decisions on competent evidence and equity considerations. A recent Florida decision highlights the importance of detailed analysis and evidence when evaluating whether retirement can justify a reduction in alimony obligations. If you are involved in an alimony dispute, consulting a Miami family law attorney can help ensure your interests are protected.

Factual and Procedural Background

It is reported that the husband and the wife were divorced after a 21-year marriage, with the dissolution finalized through a marital settlement agreement (MSA) in 2020. The MSA divided their assets equally and required the husband to pay $7,500 per month as permanent alimony to the wife. At the time of the agreement, both parties were in their late sixties and had substantial retirement assets.

Allegedly, the husband retired in December 2021, selling his business interest for $900,000 and ceasing all employment. His income decreased significantly, with his sole income derived from social security and investments, totaling just over $7,800 monthly. His monthly expenses, however, were $18,682, including the alimony payments. The wife, who had deferred her social security benefits to maximize them, had no income other than the alimony payments and assets totaling approximately $1.8 million. The husband petitioned for a reduction or elimination of alimony based on his retirement and reduced income. The trial court denied the petition, finding that the parties had “contemplated” the husband’s retirement when agreeing to the MSA, and thus, his retirement could not be a basis for modification. The husband then appealed. Continue reading ›

by
Posted in: Alimony
Published on:
Updated:

Published on: | by

Under Florida law, courts may enforce alimony provisions from out-of-state divorce agreements but are limited in their authority to modify these obligations. This was illustrated in a recent case in which a Florida court reviewed a trial court’s ruling involving alimony credits from Social Security payments and clarified that an alimony obligation established in another state cannot be terminated by a Florida court. If you are dealing with complex alimony issues, including enforcement of out-of-state obligations, it is in your best interest to contact a Miami divorce attorney as soon as possible.

History of the Case

It is alleged that the husband and wife divorced in 2004 in Alabama. The court entered a Final Judgment of Divorce that adopted their marital settlement agreement (MSA). The MSA allegedly obligated the husband to pay the wife $1,000 in monthly alimony. Over time, the wife reportedly received payments through the husband’s Social Security benefits, which the Alabama court allowed to offset his alimony obligation.

Reportedly, In 2013, the wife filed a petition in a Florida court to establish the Alabama decree as a Florida order for enforcement purposes. The Florida court reportedly agreed to apply Alabama law, allowing Social Security benefits to count as a credit toward alimony obligations. In 2022, the wife filed motions for contempt and an accounting, arguing that the husband failed to meet his alimony payments. The trial court denied these motions, concluding that the wife’s Social Security benefits exceeded the alimony obligation and terminated both the alimony and life insurance obligations “as a matter of law.” The wife appealed, challenging the court’s interpretation. Continue reading ›

Published on: | by

In many Florida divorce actions, one party will seek alimony from the other. In determining whether to grant alimony requests, among other things, the courts will evaluate both parties’ income. Additionally, if one party is not employed, the courts may impute income to them. Regardless of whether a court assessment relies on an actual or imputed income, however, it must consider the net, rather than gross, amount, as discussed in a recent Florida case. If you have questions about how you can protect your financial health while dissolving your marriage, it is smart to meet with a Miami divorce lawyer at your earliest convenience.

History of the Case

It is alleged that the husband and the wife were married for 14 years before the wife initiated a divorce action. During the divorce proceedings, both parties presented evidence and testimony, including input from their accountants and a vocational expert who assessed the wife’s employability. The trial court determined that the husband had a monthly net income of $21,000 and the ability to pay alimony, while the wife’s monthly financial needs amounted to $10,319. The court imputed an annual gross income of $60,000 to the wife, noting her lack of effort to seek employment, along with an additional $2,756 in monthly investment income.

It is reported that based on these calculations, the trial court awarded the wife durational alimony of $2,600 per month for seven years. Additionally, the wife requested attorney’s fees, arguing financial need and the husband’s ability to pay. However, the trial court denied this request, citing the wife’s engagement in litigation that was primarily intended to harass, involving non-meritorious and baseless claims. The wife appealed the trial court’s decision. Continue reading ›

Published on: | by

Florida law permits the courts to award parties alimony in divorce actions. The duration of alimony granted depends on numerous factors. The amount granted, generally, depends on the need of the party seeking alimony and the ability of the person from whom alimony is sought to pay. As discussed in a recent Florida opinion, this requires an analysis of the parties’ net, not gross income.  If you have questions about how a divorce may impact you financially, including whether you may be eligible for alimony, it is smart to talk to a skilled Miami divorce attorney.

Facts and Procedure of the Case

It is reported that the husband and wife were married and had one minor child. In 2019, the wife filed a petition for dissolution of marriage. In response, the husband filed a counterpetition. The parties entered into a partial mediated marital settlement agreement in February 2022. The agreement resolved most issues but did not dictate rights or obligations with regard to alimony, child support, or attorney’s fees. The trial court subsequently ratified the agreement.

It is alleged that the court later held a final hearing to address the remaining issues. Following the hearing, it entered an amended final judgment of dissolution in which it awarded the wife durational alimony for five years. The wife appealed. Continue reading ›

Published on: | by

Florida law allows courts to order parties to pay alimony in divorce actions. Generally, the courts will take multiple things into consideration when determining what constitutes an appropriate alimony award. As such, as explained in a recent Florida opinion, a party that wishes to modify an alimony order usually must demonstrate that there has been a significant change since the order was issued in order to show the modification was warranted. If you need help with an alimony dispute, it is in your best interest to consult a Miami divorce attorney to evaluate your options.

History of the Case

It is reported that in 2019, the trial court issued a final judgment of dissolution, which included an unequal distribution of marital assets favoring the wife and nominal alimony awarded to her based on the husband’s purported lack of ability to pay. In 2020, the wife filed a petition seeking modification of the alimony arrangement, alleging that the husband had not made genuine efforts to secure comparable income since the divorce despite having significant earning potential in banking.

Allegedly, however, the wife didn’t assert any substantial and unanticipated changes in circumstances since the initial judgment. Further, during the subsequent evidentiary hearing, the wife failed to present evidence regarding the former husband’s ability to pay or available employment opportunities in his field. The husband argued that his financial situation hadn’t changed and that the modification standard wasn’t met. He provided evidence of operating a hardware store franchise, which incurred losses, and testified to his inability to find employment in banking due to technological advancements and personal factors. Despite this, the trial court granted the wife’s petition, increasing the husband’s alimony payments. The husband appealed. Continue reading ›

Published on: | by

It is not uncommon in Florida divorce actions for one party to agree to pay the other alimony. Such payments may be conditional, however. For example, a support agreement may stipulate that if the party receiving alimony enters into a supportive relationship, there may be grounds for terminating alimony. The court must conduct a certain analysis, however, to determine whether a party is in a supportive relationship, as explained in a recent Florida divorce ruling. If you want to end your marriage, it is in your best interest to talk to a Miami divorce attorney about how the decision may impact you financially.

Factual and Procedural Background

It is reported that the parties married in 1995 and ended their marriage in 2013 via a final judgment of dissolution of marriage. The judgment incorporated a Mediated Settlement Agreement (MSA) that mandated the husband’s payment of specified durational alimony to the wife until June 2023. Paragraph 12(d) of the MSA allowed modification or termination of alimony if the wife entered a “supportive relationship” or cohabitated, as defined by Florida Statutes.

Allegedly, in April 2021, the husband filed a petition to modify or terminate alimony, citing paragraph 12(d) and alleging that the wife had a supportive relationship with a man. An evidentiary hearing ensued, after which the trial court terminated the wife’s alimony. The wife then appealed. Continue reading ›

Published on: | by

Florida law permits the courts to grant alimony in certain divorce actions. Alimony awards are based, in part, on the party’s income, assets, and needs. As such, if a party’s financial status changes after the court issues an order granting alimony, the party may seek a modification. As discussed in a recent Florida ruling, modifications will only be granted in certain scenarios, and if a court denies a request for a modification, it does not have to set forth factual findings in support of its ruling. If you want to learn more about your rights with regard to alimony, it is smart to talk to a Miami divorce lawyer.

History of the Case

It is alleged that the husband and the wife divorced in 2003 after a marriage that lasted over 22 years. The Final Judgment of Dissolution of Marriage incorporated the parties’ marital settlement agreement, which required the husband to pay the wife permanent periodic alimony of $750 bi-weekly. More than fourteen years after the divorce, the husband filed an Amended Supplemental Petition to eliminate or reduce the alimony payments.

Reportedly, during the trial on the husband’s petition, he abandoned his claim that his ability to pay alimony had diminished. Instead, he sought a reduction because the wife’s income had increased. The husband acknowledged income earned as a full-time college professor and his pension. In contrast, the wife testified that her standard of living had declined significantly, stating she was driving a 21-year-old car, residing with her adult daughter, and struggling to make ends meet. The court denied the husband’s petition, and he appealed. Continue reading ›

Published on: | by

Alimony plays a crucial role in many Florida divorces in that it helps lesser-earning parties maintain financial stability after their marriage ends. Merely because a party requests alimony does not mean that it should be granted, however, and even if a court finds that alimony is appropriate, it must comply with statutory guidelines when issuing a support award. In a recent Florida opinion, the court discussed the analysis a court must conduct before issuing an alimony award in a matter in which it ultimately vacated the lower court’s order. If you intend to seek a divorce, it is important to understand how ending your marriage may impact you financially, and you should speak to a Miami divorce attorney.

History of the Case

It is alleged that the parties divorced. In the final judgment of dissolution of marriage, the trial court ordered the husband to pay alimony to the wife. The husband appealed, arguing that the trial court made numerous errors during the process of determining alimony.

Findings Required Prior to Awarding Alimony

The primary issues on appeal were whether the trial court erred in failing to set forth specific findings relating to the parties’ net incomes and in relying on gross income instead of net income for alimony calculations. Continue reading ›

Published on: | by

Florida law permits parties to submit proposed orders in family law proceedings. The courts rarely adopt such orders as is, however, but instead will exercise their own judgment as to what constitutes an appropriate ruling. If a court does adopt a proposed order verbatim, it must demonstrate that it exercised independent judgment in doing so. Otherwise, the order may be vacated, as demonstrated in a recent ruling issued in a Florida divorce action. If you intend to end your marriage, it is wise to talk to a Miami divorce lawyer about your options.

Procedural Background

It is reported that the parties divorced. After the trial court entered a final judgment, the mother moved for child support determination and retroactive support. The trial court requested the parties to submit proposed orders, and it ultimately adopted the father’s proposed order verbatim. The mother argues that the court’s adoption of the father’s order without independent decision-making constituted an error.

Verbatim Adoption of Proposed Orders in Family Law Cases

On appeal, the court noted that the lack of a transcript from the evidentiary hearing complicated its review. It stated, however, that both parties agreed that the trial court did not announce its ruling and requested proposed orders from them. The order entered by the court matched the father’s submission, including conflicting paragraphs. The court signed the order just one business day after receiving the father’s proposed order, leaving no apparent opportunity for the mother to raise objections before the court’s decision. Continue reading ›